Abstract

This article argues that persistent or deliberate misgendering in the workplace should be recognised in South African labour law as a form of harassment and, where appropriate, misconduct. The argument is grounded primarily in the Constitution, the Employment Equity Act, and the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace (Harassment Code) as well as the Labour Relations Act and accompanying Code of Good Practice: Dismissal. The article distinguishes between good-faith error and intentional or reckless conduct that persists despite the perpetrator being aware of its effect on others, which should attract the same legal seriousness as other forms of discriminatory harassment. It concludes by proposing reforms to workplace policy, training, disciplinary practice, and dispute resolution.